Basically it's, "I can't prove Valere Plume was a covert CIA agent if I grant Libbys request to the documents he's entitled to. Besides it's a moot point since he's being tried for committing perjury for lying about Ms. Plumes covert status, event though she wasn't covert, so technically I've just pissed away millions of taxpayers dollars, so PLEASE PLEASE PLEASE DON'T GRANT THE DEFENSE THE ABILITY TO DEFEND THEIR CLIENT! I WON'T HAVE A CASE AND LOOK LIKE AN ASS!!! Comeon judge! It Fitzmas!"
This one is at the level above that - whether or not the applintment of a special prosecutor was legitimate at all. The defense is saying "this prosecutor lacks authority under the Constitutiona dn the law to prosecute anybody, for anything."
The subject isn't getting much discussion in the press, and as far as I know, -this- particular filing hasn't been discussed at all. What was discussed (and I linked to the discussions I am aware of) was Libby's contention that the appointment of the prosecutor was defective.
Fitzgerald is not only an ass, he is a number one Democrat, lap dog buffoon!!!